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Defense: Accuser held ‘hand grenade’ over Winfield

News Photo by Julie Riddle Steve Harshberger, former detective with the Michigan State Police-Alpena Post, testifies on Wednesday during the Heather Winfield trial in Alpena’s 26th Circuit Court.

ALPENA — A teenager claiming he saw a teacher having sex with an 11-year-old took the witness stand on Wednesday in the trial of Heather Winfield in Alpena’s 26th Circuit Court.

Calling the witness a liar, defense attorneys for the former Alpena Public Schools special education teacher shared their plan of attack as, in coming days, they fight accusations that Winfield carried on a sexual relationship with a former student between the summers of 2016 and 2018, when the boy was 11 to 13 years old.

Winfield denies the charges. The News does not identify alleged survivors of sexual assault.

Unveiling their strategy to the judge during the jury’s absence on Wednesday, defense attorneys said the alleged victim held a virtual hand grenade once he realized he had power over her.

Another student reported a possible inappropriate relationship between Winfield and the boy in October 2016, leading to a police investigation that did not lead to charges and Winfield’s resignation from Thunder Bay Junior High School.

News Photo by Julie Riddle Watched by a court bailiff, Alpena County Prosecutor Cynthia Muszynski argues a point in Alpena’s 26th Circuit Court on Wednesday.

“All he had to do was pull the pin” by reporting a sexual assault after that, said attorney Matt Wojda, arguing that any accusations made after her resignation were made with a motive to lie and should not be shared with the jury.

One witness could not testify on Wednesday about a disclosure by the alleged victim because of the rules of hearsay, but his testimony might be allowed later in the trial, Judge Roy Hayes decided.

Meanwhile, another former friend told the jury he once woke in Winfield’s basement in the middle of the night and witnessed the alleged victim and Winfield together on the floor. The alleged victim moved up and down while Winfield made noises, the witness said.

The witness said he went back to sleep and kept what he saw a secret, even through several police interviews, because talking about it made him uncomfortable.

Defense attorney Alan Curtis lashed into the witness, accusing him of lying. Curtis confronted the witness with a record of messages allegedly between the two boys in which the friend said he changed his story to police, allegedly adding, “bros before hoes.”

News Photo by Julie Riddle Judge Roy Hayes listens to arguments from attorney Alan Curtis on Wednesday in Alpena’s 26th Circuit Court.

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He would have to get high before going to court to be able to tell the new story with a straight face, the witness allegedly said in the messages.

The witness denied making the statements.

Curtis showed the witness a police report in which the friend said he believed the alleged victim could have raped Winfield because the accuser “is kind of like that.”

News Photo by Julie Riddle Defense attorney Matt Wojda, hands raised, argues a point in the jury’s absence as other attorneys wait to speak on Wednesday during a trial in Alpena’s 26th Circuit Court.

Among other witnesses, the alleged victim’s grandparents testified that they originally trusted Winfield, but grew suspicious because of all the time the boy spent with his teacher.

A school administrator described seeing social media messages allegedly between Winfield and the boy, when he was 11, which implied he was masturbating, after which Winfield called him “cheater pants.”

After six days of testimony marked by sidebar discussions, jury dismissals so lawyers could argue points of law, and numerous objections, attorneys at the end of Wednesday’s testimony expressed little hope of finishing the trial by Friday, as originally planned.

No other courtroom in the area can fit a jury of 14, according to Hayes, and court hearing days are scheduled for Monday and Tuesday in the Circuit Court courtroom, followed by another trial on Wednesday.

Hayes urged attorneys to work as quickly as possible.

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